Passenger Transport Law: VSPV presents reform concept, criticism of the new BVPB

The Association of Private Commercial Road Passenger Transport in North Rhine-Westphalia handed Federal Transport Minister Patrick Schnieder a position paper on the revision of the Passenger Transport Act last week. In it, the association, according to its own statements, outlines a concept for a functionally differentiated, digitally coordinated and EU-law-compliant regulation of on-demand transport. At the same time, it clearly distances itself from the newly founded Federal Association of Passenger Transport.

New association with clear demands

The Federal Association of Passenger Transport, currently being formed, presents itself publicly as the representative of a modern market order. According to the VSPV, however, it is not an established industry association, but the initiative of a single market participant. Its founder reportedly comes from parcel logistics, operates a rental car fleet brokered via the Bolt platform, and, according to his own statements, takes over taxi companies almost daily.

The debate about the duty to return, collective bargaining coverage and platform data is gaining momentum in view of the expected evaluation report. | Photo: AI-generated
The debate about the duty to return, collective bargaining coverage and platform data is gaining momentum in view of the expected evaluation report. | Photo: AI-generated

The new association claims to speak on behalf of member companies with 3,000 employees, while the founder's own company employs more than 1,000 staff. This constellation raises, from the VSPV's point of view, questions about the independence of such an interest group.

In terms of substance, the BVPB, among other things, calls for the abolition of the return-to-base requirement for rental cars, the end of municipal tariff specifications, as well as the prevention of minimum charges. Fixed taxi fares are therefore not envisaged. The VSPV classifies these positions as largely deregulation demands.

Regulatory framework in focus

The North Rhine-Westphalian association refers in its paper to the regulatory principles of the Social Market Economy. Competition needs a clear state framework in order to remain functional. In its view, unregulated markets tend toward concentration processes, in which financially strong actors could build market power.

It also views dynamic pricing systems critically. According to its presentation, these lead to low prices when demand is low, but high prices in times of increased demand, for example at night or under particular weather conditions.

Separation of basic mobility and market traffic

The VSPV emphasizes at the same time that it is not fundamentally against platforms or taxi traffic. The association represents, according to its own statements, taxi and rental-car companies as well as bus, patient transport and ambulance services. Platform-mediated traffic is explicitly recognized in the position paper as complementary traffic.

The concept envisions a clear separation between public-interest-based basic mobility and market-driven transportation. The basic mobility should remain reliably available as a public provision and be tariff-calculable. Market-driven offerings could operate within the framework of fair competition.

In addition, taxis should be integrated into digital mobility platforms of public transport via open data standards, the so-called VSPV-Standard 101. Platform data could, according to the association's view, be used for effective enforcement against social dumping and undeclared work.

Evaluation report expected in August

The reform of the passenger transport law is imminent, according to the association. The federal government's evaluation report is expected in August. Against this backdrop, industry players are positioning themselves with different concepts for the future design of the regulatory framework. (Source: VSPV)

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